The concept of a Constituent Assembly for India was first introduced by M.N. Roy, a key figure in the communist movement, in 1934. The Indian National Congress (INC) officially demanded the formation of a Constituent Assembly to draft the Constitution of India for the first time in 1935. By 1938, Jawaharlal Nehru, speaking on behalf of the INC, asserted that “the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected based on adult franchise.”
The British Government accepted this demand in principle in the ‘August Offer’ of 1940. In 1942, Sir Stafford Cripps, a Cabinet member, traveled to India with a draft proposal from the British Government aimed at creating an independent Constitution to be enacted after World War II. However, the Cripps Proposals were rejected by the Muslim League, which sought the division of India into two autonomous states, each with its own Constituent Assembly.
In response, a Cabinet Mission was sent to India. Although the Mission dismissed the idea of establishing two separate Constituent Assemblies, it proposed a framework for a single Constituent Assembly that was generally acceptable to the Muslim League.
This sequence of events highlighted the growing demand for self-governance and the need for a constitutional framework that represented the diverse interests of the Indian population.
The Constituent Assembly of India was formed in November 1946 according to the plan outlined by the Cabinet Mission. The key features of this scheme were as follows:
- Total Strength: The Constituent Assembly consisted of 389 members. Of these, 296 seats were designated for British India, while 93 seats were allocated to the princely states. Specifically, 292 members from British India were to be elected from the eleven governors’ provinces, and four members were to come from the four Chief Commissioners’ provinces, with one from each.
- Proportional Representation: Seats for each province and princely state (or group of states in the case of smaller states) were allocated based on their population. Generally, one seat was assigned for approximately every million people.
- Community Representation: The seats allocated to each British province were divided among three primary communities—Muslims, Sikhs, and General (all individuals excluding Muslims and Sikhs)—according to their respective populations.
- Election of Representatives: Representatives for each community were elected by the members of that community from the provincial legislative assembly, using the method of proportional representation through the single transferable vote.
- Nominations from Princely States: Representatives from the princely states were to be nominated by the heads of those states.
Thus, the Constituent Assembly functioned as both a partly elected and partly nominated body. The members were indirectly elected by representatives of the provincial assemblies, which were themselves elected through a limited franchise. Elections for the 296 seats allotted to British Indian provinces took place in July-August 1946. The Indian National Congress secured 208 seats, the Muslim League won 73 seats, and the remaining 15 seats were held by smaller groups and independents. However, the 93 seats allotted to the princely states remained unfilled due to their decision to abstain from the Constituent Assembly.
Although the Constituent Assembly was not directly elected by the people of India through universal adult franchise, it included representatives from various segments of Indian society, including Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, Scheduled Castes (SCs), Scheduled Tribes (STs), and women. The Assembly comprised many prominent personalities of the time, with the notable exception of Mahatma Gandhi.
The Constituent Assembly of India convened for its first meeting on December 9, 1946. The Muslim League opted to boycott this meeting, asserting their demand for a separate state of Pakistan. Consequently, only 211 members attended. Dr. Sachchidananda Sinha, the oldest member present, was elected as the temporary President of the Assembly, following the French parliamentary practice. Later, Dr. Rajendra Prasad was elected as the President of the Assembly, while H.C. Mukherjee and V.T. Krishnamachari served as the Vice-Presidents, marking the Assembly’s unique structure with two Vice-Presidents.
On December 13, 1946, Jawaharlal Nehru introduced the historic “Objectives Resolution” in the Assembly. This resolution outlined the fundamental principles and philosophy that would underlie the constitutional framework of India. The key points of the resolution included:
- Declaration of Sovereignty: The Constituent Assembly declared its firm intention to proclaim India as an Independent Sovereign Republic and to draft a constitution for its governance.
- Union of Territories: It emphasized that the territories comprising British India, Indian States, and any other willing territories would form a Union, collectively known as independent sovereign India.
- Autonomous Units: The resolution asserted that these territories would possess the status of autonomous units, retaining residuary powers while exercising all governmental and administrative functions, except for those powers vested in the Union.
- Power from the People: It stated that the authority and powers of sovereign and independent India, along with its constituent parts and governmental organs, derive from the people of India.
- Guarantee of Rights: The resolution guaranteed justice—social, economic, and political—and ensured equality of status and opportunity, along with freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality.
- Safeguards for Minorities: Adequate protections were to be provided for minorities, backward and tribal areas, as well as depressed and other disadvantaged classes.
- Territorial Integrity: The resolution committed to maintaining the integrity of the Republic’s territory and upholding its sovereign rights over land, sea, and air in accordance with justice and the laws of civilized nations.
- Global Contribution: It articulated the aspiration for India to achieve its rightful place in the world and make meaningful contributions to the promotion of world peace and the welfare of humanity.
The Objectives Resolution was unanimously adopted by the Assembly on January 22, 1947. This important document significantly influenced the eventual development of the Constitution and its subsequent phases, with a modified version ultimately becoming the Preamble of the present Constitution.
The Indian Independence Act of 1947 brought significant modifications to the composition and functioning of the Constituent Assembly. Initially, representatives from the princely states, who had previously refrained from joining the Assembly, began to participate. By April 28, 1947, representatives from six states were present. Following the acceptance of the Mountbatten Plan for the partition of the country on June 3, 1947, most representatives from other princely states also joined, alongside members of the Muslim League from the Indian Dominion.
The Indian Independence Act made the following three critical changes to the Assembly’s position:
- Sovereignty of the Assembly: The Act transformed the Assembly into a fully sovereign body with the authority to draft any Constitution it deemed fit. It empowered the Assembly to abolish or modify any law enacted by the British Parliament pertaining to India.
- Legislative Functions: The Assembly was designated as a legislative body, tasked with two distinct roles: framing the Constitution for independent India and enacting ordinary laws for the nation. These responsibilities were to be carried out on different occasions, effectively making the Assembly the first Parliament of free India (Dominion Legislature). When convened as the Constituent body, the Assembly was chaired by Dr. Rajendra Prasad; when acting as the legislative body, it was chaired by G.V. Mavlankar. These two functions continued until November 26, 1949, when the Constitution was completed.
- Withdrawal of Muslim League Members: Members of the Muslim League representing areas that were to become part of Pakistan withdrew from the Constituent Assembly. As a result, the total strength of the Assembly decreased from 389 to 299. The number of members from the Indian provinces (formerly British Provinces) fell from 296 to 229, while memberships from princely states were reduced from 93 to 70.
Other Functions Performed:
Beyond drafting the Constitution and enacting laws, the Constituent Assembly also undertook several important functions:
- Ratified India’s membership in the Commonwealth in May 1949.
- Adopted the national flag on July 22, 1947.
- Approved the national anthem on January 24, 1950.
- Approved the national song on January 24, 1950.
- Elected Dr. Rajendra Prasad as the first President of India on January 24, 1950.
In total, the Constituent Assembly held 11 sessions over a period of two years, 11 months, and 18 days. The Constitution-makers reviewed the constitutions of approximately 60 countries, dedicating 114 days to the consideration of the Draft Constitution. The overall expenditure incurred in the process of drafting the Constitution amounted to ₹64 lakh.
The final session of the Constituent Assembly took place on January 24, 1950. However, it continued to function as the provisional Parliament of India from January 26, 1950, until the new Parliament was formed following the first general elections in 1951-52.
The Constituent Assembly established several committees to address various tasks involved in the constitution-making process. Among these, eight were major committees while others were classified as minor committees. Below is a list of the major and minor committees along with their respective Chairmen:
Major Committees
- Union Powers Committee– Chairman: Jawaharlal Nehru
- Union Constitution Committee– Chairman: Jawaharlal Nehru
- Provincial Constitution Committee– Chairman: Sardar Patel
- Drafting Committee– Chairman: Dr. B.R. Ambedkar
- Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas– Chairman: Sardar Patel
This committee included the following five sub-committees:- Fundamental Rights Sub-Committee– Chairman: J.B. Kripalani
- Minorities Sub-Committee– Chairman: H.C. Mukherjee
- North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee– Chairman: Gopinath Bardoloi
- Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee– Chairman: A.V. Thakkar
- North-West Frontier Tribal Areas Sub-Committee– Chairman: (Not specified)
- Rules of Procedure Committee– Chairman: Dr. Rajendra Prasad
- States Committee (Committee for Negotiating with States)– Chairman: Jawaharlal Nehru
- Steering Committee– Chairman: Dr. Rajendra Prasad
Minor Committees
- Finance and Staff Committee– Chairman: Dr. Rajendra Prasad
- Credentials Committee– Chairman: Alladi Krishnaswamy Ayyar
- House Committee– Chairman: B. Pattabhi Sitaramayya
- Order of Business Committee– Chairman: Dr. K.M. Munshi
- Ad-hoc Committee on the National Flag– Chairman: Dr. Rajendra Prasad
- Committee on the Functions of the Constituent Assembly– Chairman: G.V. Mavalankar
- Ad-hoc Committee on the Supreme Court– Chairman: S. Varadachari (Not a member of the Assembly)
- Committee on Chief Commissioners’ Provinces– Chairman: B. Pattabhi Sitaramayya
- Expert Committee on the Financial Provisions of the Union Constitution– Chairman: Nalini Ranjan Sarkar (Not a member of the Assembly)
- Linguistic Provinces Commission– Chairman: S.K. Dar (Not a member of the Assembly)
- Special Committee to Examine the Draft Constitution– Chairman: Jawaharlal Nehru
- Press Gallery Committee– Chairman: Usha Nath Sen
- Ad-hoc Committee on Citizenship– Chairman: S. Varadachari (Not a member of the Assembly)
Drafting Committee
Among all the committees, the most crucial was the Drafting Committee, formed on August 29, 1947. This committee was tasked with drafting the new Constitution and comprised seven members:
- B.R. Ambedkar(Chairman)
- Gopalaswamy Ayyangar
- Alladi Krishnaswamy Ayyar
- K.M. Munshi
- Syed Mohammad Saadullah
- Madhava Rau(Who replaced B.L. Mitter, who resigned due to health issues)
- T. Krishnamachari(Who replaced D.P. Khaitan, who passed away in 1948)
The Drafting Committee carefully considered the recommendations from various committees and created the first draft of the Constitution of India, published in February 1948. The public was given eight months to discuss the draft and propose amendments. Based on the feedback received, the Drafting Committee produced a second draft, which was published in October 1948.
The Drafting Committee completed its draft in less than six months and convened for a total of just 141 days.
Dr. B.R. Ambedkar presented the final draft of the Constitution to the Constituent Assembly on November 4, 1948, marking the first reading. A general discussion on the draft took place over five days, concluding on November 9, 1948.
The second reading, which involved a clause-by-clause examination of the draft, commenced on November 15, 1948, and concluded on October 17, 1949. During this phase, a total of 7,653 amendments were proposed, with 2,473 actively discussed by the Assembly.
The third reading started on November 14, 1949. Dr. Ambedkar moved a motion stating, “the Constitution as settled by the Assembly be passed.” This motion was officially passed on November 26, 1949, with the signatures of the members and the president. Out of 299 members of the Assembly, 284 were present that day to sign the Constitution. This date, November 26, 1949, is specifically mentioned in the Preamble as the day the people of India in the Constituent Assembly adopted, enacted, and gave themselves this Constitution.
The Constitution adopted on November 26, 1949, included a Preamble, 395 Articles, and 8 Schedules. The Preamble itself was enacted after the entire Constitution was finalized.
Dr. B.R. Ambedkar, serving as the Law Minister, played a pivotal role in guiding the Draft Constitution through the Assembly. He was noted for his logical and persuasive arguments during deliberations and is widely regarded as the “Father of the Constitution of India.” He was also recognized as a prominent writer, constitutional expert, and leader of the Scheduled Castes.
Certain provisions related to citizenship, elections, provisional parliament, temporary and transitional arrangements, as well as the short title mentioned in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, and 393 came into effect on November 26, 1949.
The majority of the remaining provisions of the Constitution came into force on January 26, 1950. This day is referred to as the “date of its commencement” and is celebrated as Republic Day.
January 26 was chosen as the commencement date due to its historical significance, as it marked the celebration of Purna Swaraj Day in 1930 following the Lahore Session resolution of the Indian National Congress (INC) in December 1929.
With the Constitution coming into effect, the Indian Independence Act of 1947 and the Government of India Act of 1935, along with any associated amendments, were repealed. However, the Abolition of Privy Council Jurisdiction Act (1949) remained in force.
While elections to the Constituent Assembly were ongoing, the Indian National Congress appointed an Experts Committee on July 8, 1946, to prepare material for the Assembly. The committee comprised the following members:
- Jawaharlal Nehru (Chairman)
- Asaf Ali
- M. Munshi
- Gopalaswami Ayyangar
- T. Shah
- R. Gadgil
- Humayun Kabir
- Santhanam
After a proposal from the Chairman, Krishna Kripalani was co-opted as a member and convener of the committee.
The committee held two meetings: the first in New Delhi from July 20 to 22, 1946, and the second in Bombay from August 15 to 17, 1946.
During its deliberations, the committee prepared various notes and discussed procedural matters for the Constituent Assembly, the appointment of various committees, and drafted a resolution outlining the objectives of the Constitution for presentation in the Assembly’s first session.
Granville Austin, a British constitutional expert, observed the significant role this committee played in shaping India’s Constitution, stating: “It was the Congress Experts Committee that set India on the road to her present Constitution.” The committee members operated within the framework established by the Cabinet Mission Scheme and made key recommendations regarding autonomous areas, provincial government powers, relations with princely states, and the amending power, and they crafted a resolution that closely mirrored the Objectives Resolution.
The Constituent Assembly of India has faced various criticisms on several points, outlined as follows:
- Lack of Representation: Critics argue that the Constituent Assembly was not a truly representative body since its members were not directly elected by the Indian populace through universal adult franchise.
- Not a Sovereign Body: Some critics contend that the Constituent Assembly lacked sovereignty, as it was established under the proposals of the British Government. They also noted that the Assembly convened with the permission of the British authorities.
- Lengthy Process: The critics pointed out that the Constituent Assembly took an excessively long time to draft the Constitution. In comparison, the framers of the American Constitution completed their work in just four months. In this context, Naziruddin Ahmed, a member of the Constituent Assembly, derisively referred to the Drafting Committee as a “Drifting Committee” to highlight his disdain.
- Congress Dominance: There were accusations that the Constituent Assembly was predominantly controlled by the Indian National Congress (INC). American constitutional expert Granville Austin stated that “the Constituent Assembly was a one-party body in an essentially one-party country,” suggesting that the Congress party was synonymous with India at that time.
- Overrepresentation of Lawyers and Politicians: Critics also noted that the Constituent Assembly was largely dominated by lawyers and politicians, resulting in inadequate representation from other segments of society. This perceived imbalance contributed to the constitution’s complexity and lengthy legal language.
- Hindu Dominance: Some critics claimed that the Constituent Assembly was dominated by Hindu members. Lord Viscount Simon referred to it as “a body of Hindus,” and Winston Churchill asserted that the Assembly represented only “one major community in India.”
Important Facts
- Symbol of the Assembly: The elephant was adopted as the symbol (seal) of the Constituent Assembly.
- Constitutional Advisor: Sir B.N. Rau served as the constitutional advisor (legal advisor) to the Constituent Assembly.
- Secretary of the Assembly: H.V.R. Iyengar held the position of Secretary to the Constituent Assembly.
- Chief Draftsman: S.N. Mukerjee was appointed as the chief draftsman of the Constitution within the Constituent Assembly.
- Calligrapher: The original Constitution was handwritten by Prem Behari Narain Raizada in a flowing italic style.
- Artistic Contributions: The original document was enhanced and decorated by artists from Shantiniketan, including Nand Lal Bose and Beohar Rammanohar Sinha.
- Illuminated Preamble: Beohar Rammanohar Sinha illuminated and decorated the original Preamble, which was calligraphed by Prem Behari Narain Raizada.
- Hindi Calligraphy: The Hindi version of the original Constitution was calligraphed by Vasant Krishan Vaidya and elegantly decorated and illuminated by Nand Lal Bose.
Hindi Text of the Constitution
Initially, the Constitution of India did not include provisions for an authoritative text in Hindi. This was later addressed by the 58th Constitutional Amendment Act of 1987, which introduced a new Article 394-A into Part XXII of the Constitution. This article outlined the following provisions:
Publication of Hindi Translation: The President shall ensure the publication of a Hindi translation of the Constitution under his authority. Necessary modifications may be made to align the translation with the language, style, and terminology used in the authoritative texts of Central Acts in Hindi. All amendments made to the Constitution before such a publication must be incorporated into the translation, as well as translations of every amendment made in English.
Meaning and Interpretation: The published Hindi translation of the Constitution and its amendments shall be construed to have the same meaning as the original English text. Should any difficulties arise, the President is authorized to revise the Hindi text as needed.
Authoritative Hindi Text: The published Hindi translation of the Constitution and its amendments shall be deemed as the authoritative text in Hindi for all purposes.
Composition of the Constituent Assembly of India (1946)
Sl. No. | Areas | Seats |
1 | British Indian Provinces (11) | 292 |
2 | Princely States (Indian States) | 93 |
3 | Chief Commissioners’ Provinces (4) | 4 |
Total | 389 |
Allocation of Seats in the Constituent Assembly
Results of the Elections to the Constituent Assembly (July–August 1946)
|
|
|
Sl. No. | Name of the Party | Seats Won |
1 | Congress | 208 |
2 | Muslim League | 73 |
3 | Unionist Party | 1 |
4 | Unionist Muslims | 1 |
5 | Unionist Scheduled Castes | 1 |
6 | Krishak – Praja Party | 1 |
7 | Scheduled Castes Federation | 1 |
8 | Sikhs (Non-Congress) | 1 |
9 | Communist Party | 1 |
10 | Independents | 8 |
Total |
| 296 |
Community-wise Representation in the Constituent Assembly (1946)
Sl. No. | Community | Strength |
1 | Hindus | 163 |
2 | Muslims | 80 |
3 | Scheduled Castes | 31 |
4 | Indian Christians | 6 |
5 | Backward Tribes | 6 |
6 | Sikhs | 4 |
7 | Anglo-Indians | 3 |
8 | Parsees | 3 |
Total | 296 |
State-wise Membership of the Constituent Assembly of India as of December 31, 1947
Sl. No. | Name | No. of Members |
A. Provinces (Indian Provinces) | 229 | |
1 | Madras | 49 |
2 | Bombay | 21 |
3 | West Bengal | 19 |
4 | United Provinces | 55 |
5 | East Punjab | 12 |
6 | Bihar | 36 |
7 | C.P. and Berar | 17 |
8 | Assam | 8 |
9 | Orissa | 9 |
10 | Delhi | 1 |
11 | Ajmer-Merwara | 1 |
12 | Coorg | 1 |
B. Indian States (Princely States) | 70 | |
1 | Alwar | 1 |
2 | Baroda | 3 |
3 | Bhopal | 1 |
4 | Bikaner | 1 |
5 | Cochin | 1 |
6 | Gwalior | 4 |
7 | Indore | 1 |
8 | Jaipur | 3 |
9 | Jodhpur | 2 |
10 | Kolhapur | 1 |
11 | Kotah | 1 |
12 | Mayurbhanj | 1 |
13 | Mysore | 7 |
14 | Patiala | 2 |
15 | Rewa | 2 |
16 | Travancore | 6 |
17 | Udaipur | 2 |
18 | Sikkim and Cooch Behar Group | 1 |
19 | Tripura, Manipur and Khasi States Group | 1 |
20 | U.P. States Group | 1 |
21 | Eastern Rajputana States Group | 3 |
22 | Central India States Group (including Bundelkhand and Malwa) | 3 |
23 | Western India States Group | 4 |
24 | Gujarat States Group | 2 |
25 | Deccan and Madras States Group | 2 |
26 | Punjab States Group | 3 |
27 | Eastern States Group I | 4 |
28 | Eastern States Group II | 3 |
29 | Residuary States Group | 4 |
Total | 299 |
Sessions of the Constituent Assembly at a Glance
Sessions | Period |
First Session | December 9–23, 1946 |
Second Session | January 20–25, 1947 |
Third Session | April 28 – May 2, 1947 |
Fourth Session | July 14–31, 1947 |
Fifth Session | August 14–30, 1947 |
Sixth Session | January 27, 1948 |
Seventh Session | November 4, 1948 – January 8, 1949 |
Eighth Session | May 16 – June 16, 1949 |
Ninth Session | July 30 – September 18, 1949 |
Tenth Session | October 6–17, 1949 |
Eleventh Session | November 14–26, 1949 |
Note: The Assembly reconvened on January 24, 1950, when members finalized their signatures on the Constitution of India.
Time Taken by the Framers of Other Constitutions
Sl. No. | Country | No. of Articles | Working Period | Time Taken |
1 | U.S.A. | 7 | May 25, 1787 to September 17, 1787 | Less than 4 months |
2 | Canada | 147 | October 10, 1864 to March 1867 | About 2 years and 6 months |
3 | Australia | 128 | March 1891 to July 9, 1900 | About 9 years |
4 | South Africa | 153 | October 1908 to September 20, 1909 | 1 year |
Articles Related to Short Title, Commencement, Hindi Text, and Repeals
Article No. | Subject Matter |
393 | Short title |
394 | Commencement |
394A | Authoritative text in the Hindi language |
395 | Repeals |
This summary provides a concise view of the composition, sessions, and significant aspects related to the Constituent Assembly of India.
